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CC Resolution 2002-040 RESOLUTION NO. 2002-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING A PLANT - NURSERY/GARDEN CENTER, AND AUTO REPAIR/SPECIALTY SHOP AND AN AUTO SERVICE STATION IN CONJUNCTION WITH RETAIL BUILDING "B" FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN CASE NO.: CONDITIONAL USE PERMIT 2002-067 APPLICANT: STAMKO DEVELOPMENT CO. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of February, 2002, hold a duly noticed Public Hearing request of the Stamko Development to consider the request for a plant nursery/garden center, and auto repair/specialty shop and an auto service station in conjunction with retail Building "B" within a retail shopping center having 334,117__+ square feet, which was approved by adoption of Planning Commission Resolution 2002-025, subject of conditions; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 19th day of March, 2002, hold a duly noticed Public Hearing to consider a request of the Stamko Development Co. for the approval of a plant nursery/garden center, and auto repair/specialty shop and an auto service station in conjunction with retail Building "B" within a retail shopping center having 334,117__+ square feet, located along the south side of Highway 111 between La Quinta Centre Drive and 300 _+feet west of Dune Palms Road, more particularly described as: APNS 649-030-057, 058 WHEREAS, an Addendum to a previously certified Environmental Impact Report and Supplemental Environmental Impact Report ("Addendum") for approval of a Site Development Permit for a retail shopping center having 334,117__+ square feet, a Conditional Use Permit for a plant nursery/garden center, an auto repair/specialty shop, and an auto service 18 numbered and two letter lots ranging in size from .47 to 19.44 acres for the 87-acre Specific Plan area was prepared; and WHEREAS, said Addendum has complied with the requirements of the California Environmental Quality Act and "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has determined that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because all potentially Resolution No. 2002-40 Conditional Use Permit 2002-067 Stamko Development Co. Adopted: March 19, 2002 Page 2 significant effects have been analyzed adequately in the earlier EIR and SEIR pursuant to applicable standards and .have been avoided, or mitigated pursuant to the earlier EIR and SEIR, including revisions or mitigation measures that are imposed upon the proposed project and/or were made a part of the Addendum and/or included in the Conditions of Approval; WHEREAS, at said public hearing, upon hearing and considering the EIR, the Supplemental EIR, the Addendum, all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did find the following facts and reasons to justify approval of said Conditional Use Permit: 1. The project is consistent with the General Plan in that these types of units are permitted in Regional Commercial Zone with a Conditional Use Permit. 2. This project has been designed to be consistent with the provisions o'f the Zoning Code and applicable Specific Plan with conditions regulating landscaping, hardscape, and maintenance. 3. An Addendum to the EIR, the Supplemental EIR has been prepared in compliance with CEQA. 4. The project design provides, or is condition to provide landscape and wall buffers along adjacent properties, site maintenance provisions, and the design of the physical appearances of the buildings will not impact the surrounding Regional Commercial Neighborhood. 5. The site design of the project is appropriate for the use in that the uses comply with applicable design requirements and are providing adequate landscaping and are compatible with surrounding development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That it does hereby approve Conditional Use Permit 2002-067 for the reasons set forth in this Resolution, subject to the Conditions labeled Exhibit "A", attached hereto; Resolution No. 2002-40 Conditional Use Permit 2002-067 Stamko Development Co. Adopted: March 19, 2002 Page 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on the 19th day of March, 2002, by the following vote, to wit: AYES' Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN' None ~ JO iA, Mayor City 6~La O ~inta, California ATTEST: J~EK, CMC, ~ City of La Quinta,. California (City Seal) APPROVED AS TO FORM: CITY COUNCIL RESOLUTION NO. 2002-40 CONDITIONAL USE PERMIT 2002-067 - APPROVED STAMKO DEVELOPMENT CO. ADOPTED: MARCH 19, 2002 GENERAL 1. The approved Conditional Use Permit shall be used within five years of the effective date of approval, otherwise, it shall become null and void and of no effect whatsoever. "Used" means the issuance of a building permit. A time extension may be requested as permitted in Municipal Code Section 9.200.080D. 2. The use of this site shall be in conformance with the approved exhibits contained in Conditional Use Permit 2002-067, Site Development Permit 2002- 728, and Specific Plan 97-029, unless otherwise amended by the following conditions. 3. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this development application or any application thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 4. The Applicant has indicated its belief that the Retail B Building will be occupied by Walmart, which would relocate to Retail B from its existing building in La Quinta. Should this relocation occur, in order to ensure the re-occupancy of the existing Walmart building and to avoid a situation in which vacant structures would remain along the Highway 111 business corridor, the following conditions shall apply: A. As a condition to relocating to the Retail B Building, Walmart shall keep the landscape, hardscape, and building exterior at the existing Walmart site well maintained. The physical condition of the structure, and hardscape shall be kept, at a minimum, at the level of condition that exists as of the date the Project is approved. The physical condition of the landscaping shall be maintained to the reasonable satisfaction of the . Community Development Director. The determination of the Community Development Director shall be subject to appeal to the Planning ...... Commission in accordance with the City's Municipal Code. In addition, nothing shall be done to the existing structure that would give the appearance that the building has been vacated. As an example, the windows may not be boarded. Any graffiti shall be removed within two business days. The site shall not be used for storage. Resolution No. 2002-40 Conditions of Approval - Approved Conditional Use Permit 2002-067 Adopted: March 19, 2002 Page 2 b. In order to ensure the full reoccupation of the existing Walmart building by one or more commercial retail users within a reasonable time period (not to exceed 24 months) following any relocation of Walmart from the existing building and into the Retail B Building, the following additional condition is imposed upon the Project. Within 90 days of approval of this Project, and prior to issuance of a building permit for Retail B Building, the City and Walmart shall execute either (i) an option agreement satisfactory to the City which provides the City the option of purchasing the approximately 13 acre Walmart property in the City of La Quinta, both the existing Walmart building and all surrounding parking lot areas owned by Walmart (the "Existing Building"), or (ii) at the City's option, shall execute other agreements satisfactory to the City that ensure that the Existing Building will be fully reoccupied by one or more commercial retail users within a reasonable time period, as defined above. The agreement referenced in (i) or (ii) shall be referred to hereinafter as the "Agreement". If the City and Walmart fail to execute the Agreement within 90 days of Project approval, Stamko Development's entitlement approvals shall remain effective for Retail B Building -- and this condition of approval shall be deemed satisfied by the City -- so long as Retail B Building at The Centre at La Quinta is not to be occupied by Walmart. The City and Walmart may extend this 90 day period, if agreed to in writing, up to 150 days, but in no event will a building permit be issued for a building to be occupied by Walmart if the Agreement has not been executed. Any extensions agreed to beyond 150 days shall require Stamko Development's prior written approval. This condition of approval applies to Retail B Building only, and will have no application to the issuance of building permits for any other development in Planning Area III of The Centre of La Quinta Specific Plan. 5. The auto/retail gas station shall incorporate vertical elements contained on Building "B". The elevations shall be submitted to the Community Development Director for review and subsequent action.